T&C OF CINEMA CITY UNLIMITED
- APPLICATION PROCESS
- CANCELLATION RIGHTS
- UNLIMITED CARDS
- USING THE UNLIMITED CARD
- PAYMENT OF ANNUAL SUBSCRIPTION FEES
- LAST, STOLEN OR DEFECTIVE CARDS
- CHANGES TO THESE CONDITIONS
- TERMINATION BY YOU
- SUSPENSION AND TERMINATION BY US
- QUESTIONS AND COMPLAINTS
- INFORMATION PROVIDED
- CINEMA CITY`S LIABILITY
- CONTACT DETAILS
- These Conditions apply to all Unlimited Cards. You will be required to confirm that You agree to be bound by these Conditions and if You do not yet have an Account, the Regulations for the provision of electronic services located at the address https://www.cinema-city.pl/regulamin-uslugi-droga-elektroniczna (hereinafter referred to as: Regulations for the provision of electronic services) during the purchase process. Please read them carefully and make sure that You understand them before You register.
- We recommend that You print and keep a copy of these Conditions and the above Regulations for the provision of electronic services for future reference.
- These Conditions were last updated on 28.11.2023
In these Conditions, the following words have the meanings set out against them:
Agreement: the agreement between You and Cinema City for the purchase and/or use of an Unlimited Card, part of which constitutes these Conditions;
Cancellation Period: the period starting on the date of purchase of the Unlimited Card and ending fifteen (15) days from (and including the date of) Your receipt of the confirmation email containing the Agreement with information about the right to cancel;
Cinema City: the company identified in clause 4.2;
Cinema City Cinemas: all Cinema City cinemas owned and operated by Cinema City in the Territory;
Regulations: the general terms and conditions set out in the Regulations Of Cinema City cinemas applying to customers' attendance at Cinema City’s Cinemas, available online on www.cinema-city.pl/regulamin-cinema-city;
Conditions: these written terms and conditions;
Initial Period: the minimum subscription period selected by You during the online Application process, currently either three (3) months when joining with the Monthly Payment Plan and twelve (12) months when joining with the Annual Payment Plan) from the Start Date;
Legitimate Grounds: where the Card User is unable to use the Unlimited Card for a continuous period of two calendar months due to medical reasons or because the Card User moves to a permanent address outside the Territory;
Start Date: the date on which a subscription confirmation email containing a temporary Unlimited Pass is issued by Cinema City;
Subscription Period: the Initial Period and any extended period for which an Unlimited Card is purchased;
Membership Cinema: Customer’s preferred Cinema City cinema, as selected during the application process for an Unlimited Card, necessary to determine the Subscription Group and the type of Unlimited Card;
Membership Group: Membership Group identified in clause 6.1 hereof;
Unlimited Card: plastic card, giving the Card User access to Cinema City Cinemas in the Territory during the Subscription Period, subject to the Conditions;
Unlimited Helpline: Unlimited Customer Service Department. Contact details are:
tel. +48 222 419 222;
Biuro Obsługi Klienta Unlimited, Warsaw, 02-797 Warszawa Al. KEN 36 Lok. 200-U;
Contact form: https://www.cinema-city.pl/kontakt (Unlimited Category)
ATM: electronic device available at selected Cinema City premises where you may buy and collect Cinema City tickets;
Working Day: Monday to Friday, excluding any public holiday;
You: the person who enters into an Agreement for the purchase of an Unlimited Card;
Card User: the person named as such on the Unlimited Card;
Juvenile: Individual, below 18 years old, not having full legal capacity to act represented by legal guardian;
Website: a website available at https://cinema-city.pl/, administrated by Cinema City;
Account: an individual online account of the Card User, under which the data of the Registered and Logged Card User is collected. The terms of access and use of the Account have been regulated in detail in the Regulations for the provision of electronic services;
III. APPLICATION PROCESS
- You may apply for an Unlimited Card for Yourself by completing the application form on Cinema City’s Website. By applying for an Unlimited Card You are expressly requesting that the Unlimited membership start immediately on receipt of an email containing the temporary Unlimited Pass (referred to in clause 3.3 below).
- Cinema City will process your application(s) and will confirm whether or not your application(s) is/are accepted at the end of the signup process. Cinema City may decline all or part of your application for the following reasons: (i) age below 16 years; (ii) you do not have legal capacity or full capacity to act, or in the case of limited legal capacity, you act without the consent of a parent or legal guardian; (iii) the debit/credit card is invalid or debit/credit card being rejected; (iv) You breach of another agreement between you and Cinema City prior to the submission of the application; or (v) You breach of the Regulations prior to the submission of the application. If your application is declined, Cinema City will notify You as soon as practicable as to the reason for this.
- The Agreement between You and Cinema City will be concluded at the moment Cinema City accepts your application and sends you a confirmation email containing the Agreement and issues the details of the Card User’s Unlimited Card, which will serve as temporary pass (as set out in clause 6.3). The Card User may use the temporary Unlimited Card until receipt of the permanent Unlimited Card. The Card User is obligated to show the confirmation email containing the details of the Unlimited Card, either on a printout or the Card Holder’s mobile device at the Cinema City Cinema in order to use membership.
- By applying for an Unlimited Card You confirm that:
- You are legally capable of entering into a binding contract; and
- You understand that by purchasing an Unlimited Card, You are committing to pay the full subscription fee for the Initial Period. Payment of the subscription fee may be made under Monthly Payment Plan or Annual Payment Plan. (See clause 8 below.)
- If You pay in accordance with the Annual Payment Plan, no refund of the subscription fee for the Initial Period which is paid in advance will be made unless You cancel the subscription under clauses 5 (Your Cancellation Rights), 10 (Changes), or 12.2 (Legitimate Grounds).
- If You pay in accordance with the Monthly Payment Plan, You will have to pay all require installments of the subscription fee for the Initial Period, unless You cancel under clauses 5 (Your Cancellation Rights), 10 (Changes), or 12.2 (Legitimate Grounds). Failure to pay in accordance with the Monthly Payment Plan will result in your account being suspended or passed to debt collection.
- The Agreement is with Cinema City Poland Sp. z o.o. with the registered office at Fosa 37, 02-768 Warsaw, entered in the Business Register of the National Court Register kept by the District Court for the capital city of Warsaw, XIII Commercial Department, under KRS No. 0000707019, NIP 5213097055.
V. CANCELLATION RIGHTS
- You may cancel the Agreement at any time before the end of the Cancellation Period. If the Card User wishes to use the Unlimited Card during the Cancellation Period she/he may do so (as the Unlimited membership starts immediately in accordance with Your request at clause 3.1), although, in such case, if You subsequently cancel the Agreement during the Cancellation Period, You will be charged and must pay the full price (i.e. the price which would have been charged if such tickets had been purchased by the Card User in accordance with the prices of the cinema at which such tickets were purchased, such prices being current as of the moment of issuance of such tickets) of any Unlimited cinema tickets issued. You agree that multiple visits to the cinema using the Unlimited Card during the Cancellation Period may result in these costs exceeding the amount of any subscription fee paid for the period of use.
- To cancel, You will need to send a cancellation statement to Cinema City within the Cancellation Period. You may do so by contacting the Unlimited Helpline by phone, by email, by regular post or via the Contact form on Cinema City website choosing Unlimited Category. Alternatively, you may use Cinema City's Template Withdrawal Form (attachment to confirmation email). If you decide to cancel the Agreement via the Contact form on our website, we will provide You immediately with a confirmation of receipt of such cancellation statement.
- You will receive a full refund of any subscription fee paid although we may choose to deduct any amounts payable for use of the Unlimited Card as referred to in clause 5.1 above, in which case the amount refunded will be reduced accordingly.
- In the event of cancellation of the Agreement, the Card User will still have an Account. In order to close the Account after cancellation of the Agreement, it is necessary to follow the rules set out in the Regulations for the provision of electronic services.
VI. UNLIMITED CARDS
- There are three types of Unlimited Card, depending on the region, divided into Membership Groups, which are based on the location of your Subscription Cinema, as selected during Your application process. Each Membership Group includes a certain number of Cinema City cinemas, with different pricing. Your monthly or annual Unlimited Membership fee will depend on the Membership Group Your Subscription Cinema falls into, and will be subject to payment as set out in Clause 8 hereof. Any further update of Your Subscription Cinema, once You have completed Your application process, has no impact on Your Membership Group. Membership Group can be only changed by contacting the Unlimited Helpline. Unlimited Membership Groups are:
- Unlimited Group 3: which is valid in all Cinema City Cinemas in the Territory;
- Unlimited Group 2: which is valid in Cinema City Cinemas included in Unlimited Membership Group 2 as defined in the Appendix hereto. This Unlimited Card may be used in Membership Group 3 cinemas at an extra charge of 4 PLN per ticket.
- Unlimited Group 1: which is valid in Cinema City Cinemas included in Unlimited Membership Group 1 as defined in the Appendix hereto. This Unlimited Card may be used in Membership Group 3 cinemas at an extra charge of 6 PLN per ticket or in Membership Group 2 cinemas at an extra charge of 2 PLN per ticket.
- The number, location and opening hours of Cinema City Cinemas in any area may change during the Subscription Period. A list of current Cinema City Cinemas is available from www.cinema-city.pl. A change to the list of the current Cinema City Cinemas constitutes a change to the Agreement. However, if such a change consists of adding new Cinema City Cinemas to the list, You will not be entitled to exercise your right provided for in Clause 11.2 below.
- If your application is accepted, Cinema City will provide the Card User with details of a temporary pass in a physical form (i.e. an email which can be printed off). The Card User will be able to use the Unlimited membership by presenting these temporary Unlimited Card details at Cinema City Cinemas for up to 14 Days from the date of issue.
- During the application process a head and shoulders photograph of the Card User must be provided. This photograph will be printed on the permanent Unlimited Card and will be used for identification and fraud prevention purposes. All Unlimited Cards must display an up to date head and shoulders photograph which is a clear and true likeness of the Unlimited User, any inappropriate or out of date images may invalidate the Unlimited Card and/or require purchase of a replacement card. Failure to upload and submit an appropriate photograph during the application process may cause a delay in the processing of your application, for which Cinema City will not be responsible.
- The Unlimited Card is not transferable or for sharing and it may not be used to obtain tickets or benefits for anyone else. Only the Card User will be entitled to use their Unlimited Card at the relevant Cinema City Cinemas.
VII. USING THE UNLIMITED CARD
- A valid Unlimited Card entitles the Card User to:
- access to the relevant Cinema City Cinemas every day of the week (subject to the Cinema City Cinema being open);
- one seat (subject to availability) for any film screening open to the general public (excluding premium seating and screenings, such as (but not limited to) VIP, 3D, IMAX, 4DX and special screenings, including but not limited to Ladies Nights);
- one seat (subject to availability and including VIP) for 3D, IMAX, or 4DX screenings at such uplift rates (where applicable) as indicated in the Appendix to this Agreement.
- Cinema City is not required to make available to the general public and to screen all films released in Poland or to screen any film in any particular Cinema City Cinema. In particular, the number and type of movies screened and the number of screenings thereof may vary among Cinema City Cinemas.
- All film screenings are subject to restrictions applicable on the date of the screening (including but not limited to age restrictions), and the Regulations. The Card User shall have no preferential rights of access for any screenings except for any special screenings organised for Unlimited Card users. The Card User are not entitled to use the Unlimited Card in conjunction with any other promotions offered by Cinema City unless otherwise stated and the Unlimited Card cannot be used to prove the Card Holder's age.
- The Card User may have up to three tickets (and not more than one per film) purchased for unfinished screenings at any time for himself/herself. The Card User may purchase tickets in person at the Cinema City Cinemas only on the day of the performance. The Card User may have only one ticket purchased in person for an unfinished screening at any time. Additionally, The Card User may be able to take advantage of Cinema City's Unlimited Card online purchase offer (where available) to use the Unlimited Card to purchase tickets online on Cinema City's website. The Unlimited Card online purchase offer may be available from time to time under separate terms. The Card User may not purchase tickets through the Helpline or the ATMs.
- To receive a ticket under the Unlimited Card, the Card User is obligated to present the Unlimited Card at a Cinema City Cinema box office. The Unlimited Card will be scanned to check its validity and additional identification may be requested. If the Unlimited Card is validated, the Card User will be issued with a ticket for the chosen screening and time, subject to availability. If the Unlimited Card is not validated, the Card User may be advised to contact the Unlimited Helpline, for data protection reasons. The Unlimited Card must be presented again for checking when the tickets are checked before entering the relevant auditorium. Entrance will not be permitted without the Card User presenting the Unlimited Card or if the last four digits of the Unlimited Card number printed on the ticket differ from the last four digits of the Unlimited Card. To use the Unlimited Card to purchase and/or collect a ticket purchased online (if available under a separate offer), the Card User must follow the instructions set out in such offer.
The Unlimited Card entitles the Card User to watch only one performance at any one time and cannot be used to obtain a ticket for another performance which started before the performance for which the ticket was previously purchased.
The Unlimited Card will be valid from the Start Date for the duration of the Subscription Period.
If Cinema City introduces and maintains such a technical possibility, the Card User during registration for Unlimited, registers the Account for himself (if did not have it before) and may use the Account within the Website in accordance with the Regulations for the provision of electronic services. As part of the Account, and only where the functions are currently made available by Cinema City, the Card User may, among others, buy tickets, update data and marketing preferences. The Card User may not close their Account before the Agreement has been cancelled or otherwise terminated. Cinema City may update, change, withdraw, suspend or restrict availability or access to the Account or any functions within it from time to time to reflect changes to its products, users' needs, it business priorities or technical reasons.
VIII. PAYMENT OF SUBSCRIPTION FEES
- The subscription fee for the Initial Period and renewal fees for each type of Unlimited Card are available from Cinema City's website, Cinema City Cinemas and the Unlimited Helpline. The subscription fee must be paid in advance under the Annual Payment Plan or, by installment under the Monthly Payment Plan, but in either case must be paid in full for the whole Initial Period.
- Monthly Payment Plan
- Under the Monthly Payment Plan, You agree to pay the full subscription fee for the Initial Period in equal monthly installments during the Initial Period by recurring payment set against the credit or debit card provided by you, subject to clause 10.
- On the Start Date, Cinema City will charge your credit card or debit card with the first monthly recurring payment for the Unlimited Card. Each subsequent monthly payment will be debited on the same date of each month corresponding to the Start Date or within five days before it.
- Unless You cancel your subscription at the end of the Initial Period in accordance with the Agreement, the Subscription Period will automatically be extended after the Initial Period for an indefinite term. In such case the monthly payment will be equal to one monthly installment of the annual subscription fee in the amount of the Cinema City’s current rate valid at the date of extension of your subscription. The provisions of Clause 10 shall apply accordingly.
- If You want to change the credit or debit card to be charged, You shall telephone the Unlimited Helpline which will provide you the information about the available ways of changing the details of Your credit card, please follow the instructions received. To process this change Cinema City needs at least one business day from receiving new data of your credit card.
- If, during the Initial Period, Cinema City does not receive any monthly payment or You seek to terminate the Agreement except as permitted in clauses 10 or 11, Cinema City may terminate the Agreement and deactivate the Unlimited Card as described in clause 13 below. Cinema City will be entitled to recover damages from You (including the cost of the debt collection) according to the general rules.
- Annual Payment Plan
- Under the Annual Payment Plan, You agree to pay the annual subscription fee for the Initial Period in a single advance payment by debit card or credit card.
- At least one month before the end of the Initial Period, Cinema City will offer You the opportunity to continue the subscription by paying the subscription fee for the next year by debit or credit card, or to move to the Monthly Payment Plan. In order to continue your subscription and/or move to the Monthly Payment Plan, You will need to contact the Unlimited Helpline by telephone, as it is not possible to extend annual subscriptions or change payment plans via Cinema City's website.
- If you decide to pay the subscription fee for the entire upcoming year by debit or credit card, the Agreement will be extended under the Annual Payment Plan for a fixed period of one year from the date on which the Initial Period would have expired if the agreement was not extended.
- If You decide to move to the Monthly Payment Plan, the provisions of clause 8.2.3 shall apply accordingly from the date on which the Initial Period would have expired if the agreement was not extended.
- Extending your Unlimited Card
- If You extend the Subscription Period after the Initial Period, the fees for both the Monthly Payment Plan and the Annual Payment Plan will be those determined based on the Cinema City’s current rate valid at the date of extension of your Subscription.
- Any extension of the Initial Period will be treated as a change of the Agreement in respect of the period into which the Agreement was entered and You will not have any further cancellation rights under clause 5.1.
IX. LAST, STOLEN OR DEFECTIVE CARDS
- The Card User will need to telephone the Unlimited Helpline as soon as possible to report any lost or stolen Unlimited Card. The Unlimited Card will be blocked immediately.
- If the Unlimited Card is lost or stolen, Cinema City will charge an administration fee to replace it. The charge is 10 PLN. Once the fee is paid, Cinema City will send a replacement card to the Card User.
- f the card is defective, the Card User must inform the Unlimited Helpline as soon as possible for a free replacement. The Card User will be given a new Unlimited card number which will allow him/her to obtain tickets while the Unlimited Card is being replaced. The Card User will still be required to present the defective card to buy tickets at the box office or enter the auditorium.
- For the avoidance of doubt, no refunds will be given for cinema tickets:
- purchased by the Card User between the date the Unlimited Card is lost or stolen and the date of receipt the replaced Unlimited Card; and/or
- purchased by the Card User between the date the Unlimited Card is found to be defective and the date of receipt the replaced Unlimited Card. The above does not affect the Card User's right to obtain tickets using a new Unlimited card number while the Unlimited Card is being replaced as provided for in Clause 9.3 above.
Subscription fees may be changed by Cinema City. You will be notified of each:
(i) increase of subscription fee set on the beginning of Initial Period at least four weeks before it comes into effect.
(ii) decease of subscription fee set on the beginning of Initial Period on the date of its entry into force.
Any increase of subscription fee enter into force on the following dates:
(i) if You pay the fees under the Monthly Payment Plan, monthly fees after the end of the period referred to in clause 10.1 (i) will be amended accordingly;
(ii) if You pay the fees in advance, in particular, under the Annual Payment Plan, the increase will take effect at the end of the period for which fees have been paid.
Any decrease of subscription fee enter into force on the following dates:
(i) if You pay the fees under the Monthly Payment Plan, monthly fees after the end of the period referred to in clause 10.1(ii) will be amended accordingly;
(ii) if You pay the fees in advance, in particular, under the Annual Payment Plan, the increase will take effect at the end of the period for which fees have been paid.
If during the Initial Period You receive a notification about the increase in the subscription fee, You may terminate the Agreement under the provisions of Clause 12.1 and 12.4.
Any decrease of subscription fee constitutes an amendment to the Agreement, however do not entitle You to exercise the right referred to in clause 10.4.
Any increase of subscription fee constitutes an amendment to the Agreement, however if the change in the subscription fee not exceeding the amount set on the beginning of Initial Period, it does not entitle You to exercise the right referred to in clause 10.4.
XI. CHANGES TO THESE CONDITIONS
- Cinema City may make minor changes to these Conditions from time to time to correct errors, or clarify provisions, to comply with any law or regulation that applies to Us or to update the Conditions to reflect changes to the way our systems work or enhancements to the Unlimited Card scheme. You will not be specifically notified of such changes but they will be on the Cinema City Website and so to see the most up to date version of these Conditions please always check the Cinema City Website. No such changes shall be detrimental to You or an Unlimited Member. These changes will take effect from the date of publication on the Cinema City Website.
- Cinema City reserves the right to make changes to the Conditions by notifying You at least six weeks before their coming into effect. Any such notification of a change shall be made by contacting you using the details you have provided as referred to in clause 18 (Contact Details). If there is no reaction from You to such changes, this will be interpreted as an acceptance of such changes being introduced.
- You are on the Monthly Payment Plan and these changes either increase the monthly installment payable (subject to clause 10.6) or are otherwise to your disadvantage (that is they increase your duties or reduce your rights under the Agreement), or
- You are on the Annual Payment Plan and the changes are to your disadvantage (that is they increase your duties or reduce your rights under the Agreement),
- If You terminate the Agreement under Clause 11.2 termination is effective as of the end of the subscription month which precedes the subscription month in which the changes described in Clause 11.2 come into force. If You are on the Annual Payment Plan, Cinema City will repay You an amount equal to the value of the remaining full months' subscription fee after the Agreement is effectively terminated.
XII. TERMINATION BY YOU
You may terminate the Agreement during the Initial Period only on Legitimate Grounds. You must notify Cinema City in writing of your request to terminate, stating the reason for termination and enclosing any supporting evidence and will be considered made on the date that you provide sufficient evidence as confirmed by Cinema City. You may also terminate the Agreement if during the Initial Period You receive a notification about the increase in the subscription fee, under Clause 10.4. To terminate Agreement You can contact the Unlimited Helpline by phone, in writing by post or online via the contact form.
If this Agreement is terminated during the Initial Period (or any Subscription Period) on Legitimate Grounds or under Clause 10.4, then the termination will be effective at the end of the first full month of membership following notification of termination (meaning, for example, that if a member joins on 18th December 2015 and notifies Cinema City of termination on Legitimate Grounds on 4th July 2016, such termination will be effective as of 18th August 2016). If you are on the Annual Payment Plan, Cinema City will repay You an amount equal to the value of the subscription fee for the remaining full months of membership after the Agreement is effectively terminated.
If the request for termination is not based on actual Legitimate Grounds, the Agreement shall remain in force. If You are on the Monthly Payment Plan, You must continue to pay the subscription fee for the remainder of the Initial Period. If You are on the Annual Payment Plan, You will not be entitled to any refund of the subscription fee.
- If You are on a Monthly Payment Plan, You may terminate the Agreement at any time after the Initial Period (or during the Initial Period where You are disadvantaged by changes made by Cinema City as explained in clause 10.4)
i. if your termination notice is given 7 days or more before your next payment date, the Agreement will be terminated at the end of the current monthly membership period for which the fee has already been paid.
ii. if your termination notice is given 6 days or less before your next payment date, that payment will be payable, the Agreement will be terminated one month later at the end of the next membership period.
If you intend to terminate the Agreement with effect as of the expiration of Initial Period, you must give the notice at least one full month before expiration of such Initial Period. Notice must be given to the Unlimited Helpline by phone or in writing – e.g. by post or via the Contact form. If You have extended the Subscription Period for a full year after the Initial Period and have paid under the Annual Payment Plan, You may cancel the Unlimited Card with one month's notice and Cinema City will refund the fees paid for any remaining full months after the termination date. You may cancel by contacting the Unlimited Helpline by phone or in writing – e.g. by post or via the Contact form.
- Additionally, You may terminate the Agreement at any time if Cinema City commits a serious breach of the Agreement, i.e. when the Card User will be unable to use the Unlimited Card due to the reasons for which Cinema City is liable and such breach is not removed by Cinema City upon reception of Your formal notice in this respect.
- Cinema City will confirm the termination date upon the receipt of your termination notice by contacting you using the details provided by you as referred to in clause 18 (Contact Details).
- On termination, the Unlimited Card will be de-activated and, if payment is made by recurring payment, it will be stopped and any refunds due will be paid.
- If the Agreement is terminated, the Card User will still have an Account. In order to close the Account after the Agreement has been terminated, it is necessary to follow the rules set out in the Regulations for the provision of electronic services.
XIII. SUSPENSION AND TERMINATION BY US
- Cinema City may suspend the use of the Unlimited Card and temporarily deactivate the Unlimited Card(s) if:
- You miss any payment. Cinema City will contact You by email or phone and, if payment is made on request, Cinema City will normally reactivate the Unlimited Card immediately. The Card User will not be entitled to an Unlimited ticket until the Unlimited Card has been reactivated and, for the avoidance of doubt, no refunds will be given for cinema tickets purchased by him/her between the date the Unlimited Card is deactivated and the date it is reactivated;
- Cinema City suspects any fraud in any matter connected to entering into or performing the Agreement including providing false information on the application form. If such suspicion is found to be groundless and the Agreement is not terminated on this basis, or upon the lapse of 14 days from the deactivation of the Unlimited Card, the Unlimited Card will be reactivated and you will be entitled to a refund for the cinema tickets purchased by the Card User between the date the Unlimited Card is deactivated and the date it is reactivated.
- Cinema City may terminate the Agreement immediately on any of the following grounds:
- for fraud on your part in any matter connected to entering into or performing the Agreement, including providing any false information on the application form;
- in the event of fraudulent or significant misuse of the Unlimited Card(s) by the Card User;
- if You miss a payment and fail to make that payment within 28 days of a request from Cinema City to make it, or if You miss more than one payment;
- The Card User breaches Clause 6.5 of the Conditions;
- The Card User sells, donates, borrows or in any other way disposes in favor of a third party of the tickets obtained by the Card User through the Unlimited Card;
- The Card User breaches any of the Regulations; or
- if the previous Agreement has been terminated by Cinema City for reasons related to the Card User and the Card User has unpaid liabilities towards Cinema City.
- If Cinema City terminates the Agreement under Clause 13.2 Cinema City shall be entitled to recover damages from you in accordance with the general rules as compensation for the loss incurred by Cinema City as result of the termination of the Agreement. The provisions of the last sentence of Clause 8.2.5 shall apply accordingly.
- On termination, Cinema City will deactivate the Unlimited Card(s).
XIV. QUESTIONS AND COMPLAINTS
Any questions or complaints You may have in relation to the Unlimited Card or a notification of a change in your circumstances should be directed to the Unlimited Helpline by phone or in writing by post or the Contact form within 30 days from the date of the notification or the cause of complaint. Complaints should include your name and Unlimited Card number. The answer to the complaint, depending on the nature of the case, will be granted by the Helpline by telephone or in writing by email without undue delay, but no later than 14 days of receipt of the complaint. In justified cases, the deadline for reply can be extended to a maximum of 60 days, after explanation of the reasons for the delay.
You may choose certain out-of-court measures to have your complaints reviewed or claims enforced. In particular, you may use the mediation procedures offered by Regional Inspectorates of the Trade Inspection (Wojewódzkie Inspektoraty Inspekcji Handlowej) or by the permanent arbitration courts for consumer matters at Regional Inspectorates of the Trade Inspection. The use of out-of-court methods for reviewing complaints or enforcing claims is not obligatory, hence the consent of both parties is required in order to proceed. Detailed rules regarding access to these procedures are available on the relevant websites. The rules of organisation and operation of permanent arbitration courts for consumer matters are defined in the relevant law (Regulation of the Minister of Justice of 25 September 2001 on the establishment of the rules of organisation and operation of permanent arbitration courts for consumer matters (Journal of Laws of 2001, No. 113, Item 1214)). Detailed information about out-of-court methods for reviewing complaints or enforcing claims, and the rules of access to these procedures, are available from the offices and websites of district (city) consumer advocates (powiatowy (miejski) rzecznik konsumentów), civil society organisations whose statutory objectives include the protection of consumers, and Regional Inspectorates of the Trade Inspection.
- If You are a consumer within the meaning given by the Polish Civil Code, you may receive free assistance with resolving a dispute from the district (city) consumer advocate or from a civil society organisation whose statutory objectives include the protection of consumers, e.g. the Consumer Federation (http://www.federacja-konsumentow.org.pl/).
XV. INFORMATION PROVIDED
- You confirm that the information You provide that identifies You and/or the Card User (including personal data and contact information) is accurate and complete and that You are authorized to provide such information. It is your responsibility and the responsibility of the Card User to ensure that such Personal Information is kept up to date, and Cinema City will not be responsible for matters arising from errors or omissions in Personal Information at any time. You and the Card User may update own details provided at any time via the Account or by contacting the Unlimited Helpline. Where the Card User is aged under 18, their parent or legal guardian may also notify Cinema City of any changes or inaccuracies in their data.
XVI. CINEMA CITY`S LIABILITY
- Cinema City Cinemas may be closed from time to time, including for national holidays, refurbishment or due to a Force Majeure Event (as described below). Details of such closures can be found on Cinema City's website or by calling the Unlimited Helpline.
- Cinema City will not be liable or responsible for any failure to perform, or for a delay in performance that is caused by events outside its reasonable control (Force Majeure Event), including any act, event, non-happening, omission or accident which may be due to the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war;
- Fire, explosion, adverse weather, snow fall, ice, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Disruption to or failure of the railways, shipping, aircraft, motor transport or other means of public or private transport;
- Disruption to or failure of public or private telecommunications networks, utility supplies or postal services;
- Closure or limited access to Cinema City Cinemas on the grounds of Cinema City's reasonable health and safety concerns;
- Any governmental act, decree, legislation, regulation or restriction.
- Cinema City's liability for faulty Unlimited Cards is limited to the remedies described in clause 9.
- Cinema City will not in any event be liable for: (a) any loss of profit, revenue, business, contract, goodwill, or other financial or economic loss or damage (incurred in connection with business or commercial activity); or (b) any indirect loss or damage which is not reasonably foreseeable as likely to occur in the ordinary course of events.
- Cinema City does not exclude or restrict its liability for fraud, for death or personal injury resulting from its negligence or that of its agents, or for any other liability that it cannot restrict or exclude by law, and nothing in this clause 16 shall operate to exclude, restrict or limit such liability.
- In case of a Force Majeure event (as described in Clause 16.2) in relation to all Cinema City cinemas, due to the temporary inability to provide services, Cinema City undertakes the right to extend the Initial Period of the Agreement for the period during which the service could not be provided.
- The Agreement is governed by the laws of Poland and any dispute arising out of or in connection with the Agreement is subject to the non-exclusive jurisdiction of the courts of Poland.
- Cinema City does not accept amendments by You to the Agreement.
- You may not transfer any of your rights or obligations under the Agreement to another person without Cinema City's prior written consent.
- If the Agreement is terminated by either party for any reason, neither party will lose any rights which have already accrued.
- If, at any time, Cinema City does not require You to comply with any part of the Agreement, this will not prevent it from doing so in the future.
- If any part of the Agreement is disallowed or held to be ineffective by any court or other competent body, the rest of the Agreement will not be affected.
XVIII. CONTACT DETAILS
- You can contact us via the Unlimited Helpline at the contacts provided in Clause 2.
- If Cinema City need to contact You or/and the Card User about the Agreement or the Unlimited Card (for example, to notify of changes to these Conditions or to terminate the Agreement), we will contact You or the Card User (as necessary) by email using the addresses provided on Your application for the Unlimited Card (or, where data has been changed by You or the Card User by contacting the Unlimited Helpline, we will use the latest details provided). You agree to receive all communications from us in electronic form. Cinema City may contact You by phone or postal address if needed. In case the Unlimited Card is purchased for a Juvenile, on behalf of Juvenile's consent to receive any information from us in an electronic form is expressed by his/her legal guardian at the time of registration of the application. It is important that Yours and the Card User’s data is kept up to date. We will be deemed to have notified You or the Card User as soon as the email is delivered, for instance into the email inbox or onto the relevant server, provided that we do not receive a “bounce back” notification from that email address.
Check your cinema to see the Unlimited membership options